Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 46.1

(1) An approved provider is eligible for
* home care subsidy in respect of a day if the Secretary is satisfied that:

(a) the approved provider is approved under Part 2.1 as a provider
of home care; and

(b) on that day there is in force a
* home care agreement under which a care recipient approved under
Part 2.3 in respect of home care is to be provided with home care by the
approved provider through a home care service; and

(c) the home care service is a notified home care service; and

(d) the care recipient is a
* prioritised home care recipient; and

(e) on that day the approved provider provides the care recipient with
such home care (if any) as is required under the home care agreement; and

(f) the approved provider has agreed in the claim relating to the day to
deal with the care recipient's
* unspent home care amount in accordance with the User Rights Principles.

Note: Eligibility may
also be affected by Division 7 (relating to a person's approval as a
provider of
* aged care services) or Division 20 (relating to a person's approval as
a recipient of home care).

(2) For the purposes of paragraph (1)(c), a home care service is a
notified home care service if the approved provider has notified the Secretary
of the information required by section 9-1A in relation to the home care
service.